Allowed

Bank of Maharashtra v. Ms Khushi Sales

DRT8 Jul 2026OA/1638/2024

Case brief

AI extract

What is this about?

Bank of Maharashtra Bank filed an original application to recover outstanding dues of Rs. 38,80,848 plus interest from Defendants who defaulted on a cash credit facility secured by mortgage. Procee

What did the court decide?

Defendants jointly and severally liable to pay Rs. 38,80,848/- with interest; Recovery Certificate issued to proceed against mortgaged and personal assets; Costs awarded.

Bank of Maharashtra versus Ms Khushi Sales — Banking and Recovery | DRT (2026)

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“ORIGINAL APPLICATION” No. 1638 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1638 OF 2024

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DATE OF RESERVE OF ORDER 01.07.2026 DATE OF DELIVERY OF ORDER 08.07.2026

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Bank of Maharashtra Bank , constituted by and under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 and having its Head Office at Lokmangal 1501, Shivaji Nagar, Pune- 411005 and Branch Office at J.D.A. Shop No. 14, Hans Marg, Near Ridhi Sidhi, Gopalpura Bypass, Jaipur - 302008 (Rajasthan) through its Authorised Signatory Mr. Dilip Purohit.

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…..Applicant Bank…..

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VERSUS

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1. M/s Khushi Sales through its Proprietor Mr. Priti Yaduvanshi, Address: B20, Basement Floor, Plot No. E2, Amrapali Plaza, Vaishali Nagar, Jaipur302021, Rajasthan.

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2. Mrs. Priti Yaduvanshi W/o Sh. Amit Macheriya, Address: Flat no. F-1, Plot No. 27, Jagdishpuri, Heerapura, Jaipur302021, Rajasthan.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Vineet Sharma Defendants Ex parte

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Ex parte

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Order signed & uploaded on 08.07.2026.

OA No. 1638 of 2024

JUDGMENT

This Original Application was filed by the applicant bank on 30.10.2024 for recovery of outstanding amount of Rs. 38,80,848/- from the Defendants.

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As per the pleadings, Defendant No. 1 is a proprietorship firm and Defendants No. 2 is the sole proprietor of the Defendant No. 2 firm. Defendant No. 1 in the capacity of borrower and Defendant no. 2 in the capacity of Proprietor, Mortgagor had approached the applicant bank for availing Cash Credit facility by mortgage of immovable property.

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After due consideration, cash credit facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2022 vide sanction letter dated 30.07.2022 for a total sum of Rs. 35 Lac. In order to secure the repayment of the said loan, the Defendant mortgaged the immovable properties the details of which are mentioned in the Para 3A of the OA.

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It is submitted that looking to the regular defaults committed by the defendants, the counsel for the applicant bank issued Loan Recall Notice dated 19.10.2024 pertaining to the aforesaid loan accounts, despite of which the Defendants failed to clear the due amount of the applicant bank.

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Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 29.01.2024. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Order signed & uploaded on 08.07.2026.

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OA No. 1638 of 2024

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Summons were issued to the Defendants on 20.01.2025 through court commissioner. The court commissioner has filed her report dated 15.07.2025. and as per commissioner’s report dasti summons has been served. Despite service none were appeared on behalf of the Defendants, therefore, they were proceeded ex-parte vide order dated 08.09.2025.

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Dilip Purohit coupled with the recitals in the documents, viz Exhibit Aw/1 to Aw/15 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 1638 of 2024 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 38,80,848/- (Rupees Thirty Eight Lac Eighty Thousand Eight Hundred and Forty Eight only) with pendente lite and future interest @ 10% (simple) from 23.07.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property: -

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Order signed & uploaded on 08.07.2026.

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OA No. 1638 of 2024

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Office No. 20, Basement Floor, Amrapali Plaza, Plot No. E-2, Amrapali Circle, Vaishali Nagar, Rajasthan302021 admeasuring 134.37 Sq. Ft. in the name of defendant no. 2.

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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10.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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11.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 07.08.2026 .

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12.Prepare Recovery Certificate accordingly.

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13.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 08.07.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 08.07.2026.

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OA No. 1638 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1638 OF 2024

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DATE OF RESERVE OF ORDER 01.07.2026

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DATE OF DELIVERY OF ORDER 08.07.2026

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. M/s Khushi Sales through its Proprietor Mr. Priti Yaduvanshi, Address: B20, Basement Floor, Plot No. E2, Amrapali Plaza, Vaishali Nagar, Jaipur302021, Rajasthan.

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2. Mrs. Priti Yaduvanshi W/o Sh. Amit Macheriya, Address: Flat no. F-1, Plot No. 27, Jagdishpuri, Heerapura, Jaipur302021, Rajasthan.

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……Defendants…..

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Order signed & uploaded on 08.07.2026.

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OA No. 1638 of 2024

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Recovery Certificate for Rs. 38,80,848/-

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In terms of final order dated 08.07.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 38,80,848/- (Rupees Thirty Eight Lac Eighty Thousand Eight Hundred and Forty Eight only) with pendente lite and future interest @ 10% (simple) from 23.07.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged property: -

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Office No. 20, Basement Floor, Amrapali Plaza, Plot No. E-2, Amrapali Circle, Vaishali Nagar, Rajasthan302021 admeasuring 134.37 Sq. Ft. in the name of defendant no. 2.

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 07.08.2026 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial

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Order signed & uploaded on 08.07.2026.

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OA No. 1638 of 2024

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Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 08.07.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 08.07.2026.

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OA No. 1638 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

¶85

O.A. NO. 1638 OF 2024

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DATE OF RESERVE OF ORDER 01.07.2026

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DATE OF DELIVERY OF ORDER 08.07.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. M/s Khushi Sales through its Proprietor Mr. Priti Yaduvanshi, Address: B20, Basement Floor, Plot No. E2, Amrapali Plaza, Vaishali Nagar, Jaipur302021, Rajasthan.

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2. Mrs. Priti Yaduvanshi W/o Sh. Amit Macheriya, Address: Flat no. F-1, Plot No. 27, Jagdishpuri, Heerapura, Jaipur302021, Rajasthan.

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……Defendants…..

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Order signed & uploaded on 08.07.2026.

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OA No. 1638 of 2024

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	41,000.00
2	Process Fee (Inc. Publication)	30.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	10,000.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	52,280.00

¶100

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶101

Order signed & uploaded on 08.07.2026.

OA No. 1638 of 2024

08.07.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶109

Order signed & uploaded on 08.07.2026.

OA No. 1638 of 2024

08.07.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 08.07.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

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The Registrar vide order dated 08.07.2026 verified the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶118

Order signed & uploaded on 08.07.2026.

Bank of Maharashtra v. Ms Khushi Sales

Case brief

What is this about?

What did the court decide?

Bank of Maharashtra v. Ms Khushi Sales

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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